B-145690, JUN. 20, 1961

B-145690: Jun 20, 1961

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TO GENERAL MAINTENANCE AND ENGINEERING CO.: REFERENCE IS MADE TO YOUR LETTER OF APRIL 21. THE BIDS IN THIS CASE WERE OPENED AT THE DESIGNATED TIME. AFTER THE OPENING OF SEVERAL BIDS AND WHILE THE CONTRACTING OFFICER WAS READING THE BIDS. WHERE THE BIDS WERE BEING OPENED AND OFFERED THE CONTRACTING OFFICER A SEALED ENVELOPE WHICH HE STATED CONTAINED YOUR BID. HE STATED THAT HE WAS LATE BECAUSE OF THE ACTION OF THE DEPOT GUARDS AT THE GATE THROUGH WHICH HE HAD ENTERED. THE CONTRACTING OFFICER DID NOT ACCEPT THE OFFERED BID FOR CONSIDERATION BUT DID ACCEPT POSSESSION OF THE SEALED ENVELOPE IN WHICH IT WAS OFFERED. PEARCY THAT HE WAS REQUIRED TO DISREGARD THE BID BECAUSE IT WAS SUBMITTED LATE.

B-145690, JUN. 20, 1961

TO GENERAL MAINTENANCE AND ENGINEERING CO.:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 21, 1961, WITH ENCLOSURES, PROTESTING THE FAILURE OF THE CONTRACTING OFFICER TO CONSIDER YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. QM 33-031-61-302 ISSUED ON MARCH 9, 1961, BY THE QUARTERMASTER PURCHASING AGENCY, COLUMBUS GENERAL DEPOT, COLUMBUS, OHIO.

THE BIDS IN THIS CASE WERE OPENED AT THE DESIGNATED TIME, 10 A.M., E.S.T., MARCH 27, 1961. AFTER THE OPENING OF SEVERAL BIDS AND WHILE THE CONTRACTING OFFICER WAS READING THE BIDS, MR. E. E. PEARCY OF YOUR COMPANY ENTERED THE ROOM AT ABOUT 10:06 A.M., WHERE THE BIDS WERE BEING OPENED AND OFFERED THE CONTRACTING OFFICER A SEALED ENVELOPE WHICH HE STATED CONTAINED YOUR BID. HE STATED THAT HE WAS LATE BECAUSE OF THE ACTION OF THE DEPOT GUARDS AT THE GATE THROUGH WHICH HE HAD ENTERED. THE CONTRACTING OFFICER DID NOT ACCEPT THE OFFERED BID FOR CONSIDERATION BUT DID ACCEPT POSSESSION OF THE SEALED ENVELOPE IN WHICH IT WAS OFFERED. RETAINED THE UNOPENED ENVELOPE AND AFTER ALL BIDS HAD BEEN READ, HE ADVISED MR. PEARCY THAT HE WAS REQUIRED TO DISREGARD THE BID BECAUSE IT WAS SUBMITTED LATE.

THE REFUSAL OF THE CONTRACTING OFFICER TO CONSIDER YOUR BID WAS IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2-303.5 OF THE ARMED SERVICES PROCUREMENT REGULATION WHICH REQUIRE THAT A LATE HAND CARRIED BID OR ANY OTHER LATE BID NOT SUBMITTED BY MAIL OR TELEGRAM SHALL NOT BE CONSIDERED FOR AWARD. OUR OFFICE ALSO HELD IN 38 COMP. GEN. 234 THAT A HAND CARRIED BID WHICH WAS NOT PRESENTED AT THE BID OPENING ROOM UNTIL SEVEN MINUTES AFTER THE TIME FOR OPENING AND AFTER ONE BID HAD BEEN READ, BECAUSE THE BIDDER WAS DELAYED DUE TO INSUFFICIENT DIRECTIONAL SIGNS AT THE PROCUREMENT DEPOT, WAS PROPERLY DISREGARDED AS A LATE BID.

IN VIEW OF THE FOREGOING WE FIND NO BASIS FOR OBJECTING TO THE ACTION OF THE CONTRACTING OFFICER IN REFUSING TO CONSIDER YOUR BID. HOWEVER, YOU MAY BE ADVISED THAT THE ADMINISTRATIVE OFFICE HAS CONSIDERED THE AMOUNT OF THE LOW ACCEPTABLE BID TO BE UNREASONABLE AND HAS DECIDED TO READVERTISE THE PROCUREMENT.